Disciplinary Issues

We are able to offer legal advice to employees who are faced with having to deal with a disciplinary hearing or process. We appreciate and understand that employees often need independent advice and support when facing a disciplinary situation.

The advice that our lawyers are able to provide covers all aspects of the disciplinary process including:

  • assisting you in preparing for the hearing;
  • analysing the strengths and weaknesses of your case;
  • advice in relation to appeals;
  • employment tribunal claims; and
  • negotiating an exit or Settlement Agreement.

Grievance Hearings

Our lawyers can assist you with drafting your grievance and preparing for your grievance hearing. We can also provide you with a legal analysis concerning the issues prior to you deciding whether or not you wish to raise a formal grievance and ultimately represent you in relation to any subsequent Employment Tribunal claims.

Contact us for expert help

Call our Leeds, Sheffield or York office to speak to a member of the team, or click here to send us an enquiry via the form on this page.

Why Choose Lupton Fawcett?

Having advised and supported many local families, individuals and businesses, we are proud to offer clients a dedicated service from specialist solicitors who are experts in their field:

We're Award Winning

We were awarded the Legal 500 HR/Employment Law team of the year in 2017

We're Connected

We're connected to the people, businesses and infrastructure throughout Yorkshire

We Put You First

You can be sure to expect superb client service from us. Our clients are our priority

We're accredited

Recognised by leading Legal Directories Chambers & Partners and the Legal 500

Frequently Asked Questions

How Should My Business Prepare for a Disciplinary Hearing?

Before you hold a disciplinary hearing with an employee, it is vital to gather all the evidence you may need to back up the statements you are making. This evidence can be in the form of sick notes, written statements, data from records (such as number of sick days taken), and so on.

It is also important to allow the employee to be accompanied by a work colleague or trade union representative of his or her own choosing.

What Process Should I Follow for the Disciplinary?

The agenda for a disciplinary hearing should loosely be based on the following series of events:

  • The employer to present the allegations to the employee and talk through any associated evidence.
  • The employee should then respond to the allegations, answer questions and explain their actions.
  • After the hearing, the employer should decide whether disciplinary action should be taken and inform the employee of its decision.
  • The employee should be given a right of appeal if disciplinary action has been taken.

What Counts As ‘Reasonable’ Behaviour?

The words ‘reasonable’ and ‘unreasonable’ are typically used when discussing an employee’s behaviour. There are no strict guidelines as to what constitutes reasonable or unreasonable behaviour, and this is typically left up to the judgment of the employer.

When making this judgment, be sure to base your decision on rational, consistent and fair thinking. You should also make sure that you are familiar with any relevant policies, procedures and disciplinary rules together with the ACAS Code on Disciplinary and Grievance Procedures which will be taken into account by the employment tribunal when assessing the fairness of a dismissal.

Can I Take Disciplinary Action Against an Employee Who is Off Sick?

Employers can still take disciplinary action against an employee who is currently off work due to illness, but this should be done in a sensitive manner, particularly in cases where a serious illness or stress or work-related illness is involved.

If the matter is pressing and the employee is suffering from a serious illness, it may be possible to contact their GP and enquire as to when they are able to attend a meeting.

If the employee if suffering from a stress or work-related illness, you may ask them to attend the meeting in a neutral environment or at their home if they give their permission or alternatively to hold the meeting via a video call.

What If an Employee Raises a Grievance During a Disciplinary Hearing?

If an employee raises a grievance during a disciplinary, first and foremost, you should respond in a fair and impartial manner. Take care not to react in an emotive manner or to dismiss the employee’s grievance out of hand (as this could lead to further grievances). In some cases and depending on the nature of the grievance it may be necessary to postpone the disciplinary hearing in order to enable the grievance to be investigated.

Get In Touch Today!

Get In Touch Today!

Please complete this form to make an enquiry and we will get back to you as soon as we can.

Remember you can still call us on 0333 323 5292 or email us at law@luptonfawcett.law

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